Digitalisierung im kirchlichen Verwaltungsrecht

Staatliche Regelungsmodelle als Vergleichsmaßstab

Abstract

The digitalization of ecclesiastical administration raises the question whether electronic communication, documentation and administrative procedures are compatible with the requirements of canon law. The issue is not the technology itself, but whether the legal functions traditionally ensured by written form, signatures, notarial participation, notification, documentation and archiving can be preserved in a digital environment. The analysis encompasses both singular administrative acts and acts of administration. With particular reference to the Church Data Protection Act (KDG), as well as relevant provisions of German federal law and Bavarian state law, it examines whether digital procedures can fulfil these legal functions in a functionally equivalent manner. Particular attention is given to the attribution, authenticity and integrity of electronic documents, the proof of lawful notification, controlled access, and appropriate technical and organizational safeguards. It concludes that digital procedures are not excluded in principle, provided thatthey ensure the legal safeguards required by canon law in a functionally equivalent manner.